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ASANTE v. JPMORGAN CHASE & CO.

6952, 6779/07.

93 A.D.3d 429 (2012)

940 N.Y.S.2d 44

2012 NY Slip Op 1575

STELLA ASANTE et al., Respondents, v. JPMORGAN CHASE & CO. et al., Respondents-Appellants, and UNITED BUILDING MAINTENANCE, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 1, 2012.

The complaint should have been dismissed due to the lack of evidence as to how long the water had been on the floor of the ATM lobby on which plaintiff Stella Asante allegedly slipped and fell (see Keum Choi v Olympia & York Water St. Co., 278 A.D.2d 106 [2000]). Tenant JPMorgan's general awareness that the floor might become wet after inclement weather did not permit an inference of constructive notice (see O'Rourke v Williamson...

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